Back / lumbar spine decisions — 2009

The appeal was remanded to schedule the veteran for a hearing before a Veterans Law Judge at the RO.

The veteran's claims for increased ratings and service connection were partially granted, with some conditions receiving higher initial ratings than initially assigned.

The Veteran's low back disability is rated at 40 percent, and the right little finger disability does not warrant a rating in excess of 10 percent.

The Board denied the veteran's claims for service connection for a back disability, right knee disability, left knee disability, and bilateral pes planus as there was no evidence of these conditions in service or within one year of discharge, and no medical evidence linking them to his military service.

The Board denied the Veteran's claim for service connection for a back disorder, finding no evidence of a chronic disability in service or continuity of symptomatology since service.

The Board granted service connection for PTSD based on credible evidence of a sexual assault in service and medical evidence linking the veteran's current symptoms to that event.

The veteran's claim for service connection for status post L3-S1 lumbar laminectomy and Stealth Guided Pedicle Screw Fixation Fusion was remanded for further development, specifically to address the adequacy of a May 2005 VA examination report.

The Veteran's claims for service connection for PTSD and increased ratings for right carpal tunnel syndrome, lumbosacral strain, and cervical strain were denied. However, a 30 percent rating was granted for the right carpal tunnel syndrome.

The Board denied the Veteran's claims for service connection for a back disability, an increased rating for residuals of a fracture, right distal radius and ulnar styloid process, and entitlement to TDIU.

The Board denied the Veteran's claim for an increased disability rating for mechanical low back strain syndrome, finding that the evidence did not support a rating in excess of 20 percent.

The Veteran's service-connected disabilities are so severe as to prevent him from engaging in substantially gainful employment consistent with his education and occupational experience.

The Board denied the veteran's claim for an evaluation in excess of 10 percent for upper and lower back strain, as the current spinal disorders were not likely related to the injury in service but rather to the degenerative process of aging and to an inability to exercise secondary to partial left-sided paralysis caused by a gunshot wound to the head after military service.

The Veteran's degenerative disc and degenerative joint disease at L5-S1 is due, in part, to permanent aggravation of his pre-existing spondylolysis in service.

The Board denied service connection for a cervical spine disability, thoracic spine disability, and headache disability as the conditions were not attributable to service.

The Board denied the veteran's claims for increased ratings for his service-connected disabilities, finding that the evidence did not support higher ratings.

The Veteran's degenerative disc disease of the lumbar spine was granted a 40 percent evaluation for the period from December 1, 1998 until June 1, 2007 and denied an increased rating thereafter. A separate 10 percent evaluation was granted for right lower extremity radiculopathy.

The Board found that the Veteran's back condition was not causally related to his military service and denied the claim for service connection.

The Board denied service connection for neck and back disabilities as there was no evidence of an increase in severity during or as a result of active service, and the conditions were not related to service.

The Board found that the veteran was not entitled to an evaluation in excess of 10 percent for his back disorder, as there was no evidence of incapacitating episodes and the pain produced no more than slight limitation of motion.

The Board denied service connection for bilateral hip disability, low back disability, cervical spine disability, bilateral hand disability, and shoulder disability as residuals of cold injury sustained from cold weather exposure in Korea.